IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.23092-94 OF 2017 (GM-RES) BETWEEN:
1. M/S SHARK BOATS REP BY ITS PROPRIETOR MR YASHAWANTHA, S/O SRI MARAPPA MESHTRI AGED ABOUT 50 YERS R/AT DOOR NO.10/79 OPP:SHREE ULLALTHI TEMPLE ULIYA ULLAL MANGALURU-574 159.
2. MR YASHAWANTHA S/O SRI MARAPPA MESHTRI, AGED ABOUT 50 YEARS R/AT DOOR NO.10/79 OPP:SHREE ULLALTHI TEMPLE ULIYA ULLAL MANGALURU-574 159.
3. MRS GIRIJA W/O MR YASHAWANTHA, S/O SRI MARAPPA MESHTRI, AGED ABOUT 45 YEARS R/AT DOOR NO.10/79, OPP:SHREE ULLALTHI TEMPLE ULIYA ULLAL MANGALURU-574 159 … PETITIONERS (By Mr. PRASANNA V.R., ADV.,) AND:
1. KARNATAKA BANK ASSET RECOVERY MANAGEMENT BRANCH NO.105 3RD FLOOR MOHAN MANSION KARTURBA ROAD BENGALURU-560 001 REP BY ITS AUTHORISED OFFICER.
2. THE DEPUTY COMMISSIONER D.K DISTRICT, MANGALURU-575 001. … RESPONDENTS (By Mr. Y.D. HARSHA AGA FOR R2 Mr. K.V. SHYAM PRASAD ADV., FOR R1) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 14.3.2017 PASSED BY R-2 AT ANNEX-A, QUASH TGE POSSESSION NOTICE DATED 25.8.2015 ISSUED BY R-1 AT ANNEX-B.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sr.Prasanna.V.R, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondent. No.2.
Sri.K.V.Shyam Prasad learned counsel for the respondent.No.1.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the order passed by the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short). In view of the order dated 30.01.2019 passed by this Court in W.P.No.6594/2018 and for the reasons assigned there in the petitioner has a remedy of filing an application under Section 17 of the Act. For the aforementioned reasons the petition is disposed of with a liberty that in case the petitioner avails of the remedy provided to him under Section 17 of the Act within three weeks from the date of receipt of the certified copy of the order passed today. The Tribunal shall extend the benefit of principle contained under Section 14 of the Limitation Act, 1963 to the petitioner and shall decide the application.
With the aforesaid liberty the petition is disposed of.
Sd/- JUDGE SS